Examples of some recent matters that the Hugh James pensions and benefits team have worked on:
- Advising and supporting a large Housing Association on the implications of winding up a group company or transferring employees from the group company which had employees who are members of the Social Housing Pension Scheme (SHPS). This involved detailed and complex advice on the triggering of a pension debt and the interrelation between the Pensions
- Regulator powers and the impact of the Welsh Assembly Government guidance on supporting non RSL companies within a group structure.
- Advising a local authority on the pension implications in respect of a contract to outsource services and transfer of employees. This included advising on the Admission Agreement and
- Bond and drafting the TUPE and pension provisions, warranties and indemnities of the transfer agreement including exit management provisions.
- Advising a large and high profile corporate client regarding a potential group claim by members of its final salary scheme. The dispute concerned alleged misrepresentations regarding the rules of the scheme and the calculation of accrued pension benefits.
- Advising a public sector body regarding complaints received from members of their money purchase pension scheme in relation to a decision to award a pension with reduced benefits due to the employees’ failure to opt into the scheme.
- Advised a public sector body regarding a group complaint from 40 members of their money purchase pension scheme on the basis that their contract of employment provided an express contractual entitlement to join a final salary pension scheme.
- Advising a number of high net worth individuals regarding a possible group action for breach of contract in relation to an employer’s proposal to close their defined benefit pension scheme to future accrual. This involved advising the group regarding the Company’s proposal to break the final salary link and the alternative options presented to the members.
- Advising a number of organisations regarding the information and consultation process to follow, including advising in relation to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous) Regulations 2006, when closing their final salary pension scheme for future accrual or changing contribution rates.